Direct Request (CEACR) - adopted 2002, published 91st ILC session (2003)

Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87) - Luxembourg (Ratification: 1958)

The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request which read as follows:

Article 3 of the Convention. The right of workers’ organizations to elect their representatives in full freedom, without any interference from the public authorities. The Committee recalls that its previous comments related to the need to amend section 6(1) of the Act of 6 May 1974 in order to allow foreign workers who are not nationals of Luxembourg or other States of the European Union to serve on joint enterprise committees, at least after a reasonable period of residence in the host country. In this regard, the Committee noted the Government’s statement in its latest report to the effect that it was in the process of preparing a revision of all legislation on staff representative structures, including joint enterprise committees. In this context, the advisability of allowing foreign workers who were not nationals of a European Union State to participate in joint enterprise committees after a certain period of residence in Luxembourg will also be analysed.

The Committee notes this information and requests the Government again to keep it informed in its next report of the measures actually taken to bring the provisions of section 6(1) of the Act of 6 May 1974 into greater conformity with Article 3 of the Convention.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.